Carter v. Carter, 2006 ME 68

900 A.2d 200 (2006) · Supreme Judicial Court of Maine · June 13, 2006

Summary

The Maine Supreme Judicial Court affirmed a divorce judgment dividing the parties’ real property, personal property, retirement assets, and debts. The court upheld the valuation of the marital camp, the property and debt allocation, the duration and amount of spousal support, and the denial of attorney fees. It also concluded that the trial court did not abuse its discretion in these determinations.

Holdings

  1. The divorce court did not err in valuing the camp at $30,000 because competent testimony supported that valuation, even though other evidence could have supported a different finding.
  2. The divorce court did not abuse its discretion in awarding John the residence and pension and in allocating the marital debts because the distribution, viewed as a whole, was fair and just and not demonstrably unfair or unreasonable.
  3. The divorce court did not abuse its discretion by awarding Kim $200 per week in general spousal support for nine years rather than for life.
  4. The divorce court did not abuse its discretion by denying Kim's request for attorney fees.

Questions Presented

  1. Whether the divorce court improperly valued the parties' camp.
  2. Whether the divorce court abused its discretion in dividing the marital property and allocating marital debt, including the residence, pension, and debt associated with the parties' properties.
  3. Whether the divorce court abused its discretion in awarding Kim $200 per week in spousal support for nine years rather than for life.
  4. Whether the divorce court abused its discretion by denying Kim's request for attorney fees.
  5. Whether the divorce court properly denied Kim's motion to enlarge the time for filing a motion for further findings.

Disposition

affirmed

Cases Cited (10)

  • Peters v. Peters, 1997 ME 134, ¶ 14, 697 A.2d 1254, 1259(followed)
  • D'Angelo v. McNutt, 2005 ME 31, ¶ 6, 868 A.2d 239, 242(followed)
  • Bonville v. Bonville, 2006 ME 3, ¶ 9, 890 A.2d 263, 266(followed)
  • Murphy v. Murphy, 2003 ME 17, ¶ 27, 816 A.2d 814, 822(followed)
  • Tibbetts v. Tibbetts, 2000 ME 210, ¶ 10, 762 A.2d 937, 940(followed)
  • Urquhart v. Urquhart, 2004 ME 103, ¶ 3, 854 A.2d 193, 194(followed)
  • Bradshaw v. Bradshaw, 2005 ME 14, ¶ 13, 866 A.2d 839, 843(followed)
  • Ackerman v. Yates, 2004 ME 56, ¶ 14, 847 A.2d 418, 424(followed)
  • Dargie v. Dargie, 2001 ME 127, ¶ 30, 778 A.2d 353, 360(followed)
  • Dargie v. Dargie, 2001 ME 127, ¶ 36, 778 A.2d 353, 361(cited)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…